Neilson v. Red Diamond, Cause No. 168,848B (Tex. Dist. Ct., 78th Judicial District, Wichita County filed 2008).
Status: Pending.
Carolyn Neilson claims that she purchased a bottle of Red Diamond unsweetened tea that had a bad small and taste, and that she sent samples to a laboratory which found volatile hydrocarbons in the samples. In addition to suing Red Diamond and complaining to the federal Food and Drug Administration and federal and state environmental agencies, she also posted her complaints on a web site, Red Diamond responded to the lawsuit by claiming that Neilson had not refrigerated the tea, which is unpasteurized, as instructed on the label. The company also made several counterclaims, including defamation and business disparagement claims based on the web site and on Neilson’s picketing of the store where she purchased the tea, and seeks a permanent injunction against her from communicating about the company, on the web or elsewhere.
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